For many years, the problem of corruption remains extremely relevant in the Russian Federation. The country has a special law No. 273-FZ "On Combating Corruption", which enshrines the basic rules for combating corruption. The most important provisions of this law will be discussed in the article.
What is the law about?
273- "On Combating Corruption" enshrines the key principles and legal foundations of the fight against corruption in the Russian state. But what is corruption in general? According to article 1 of the normative act under review, these are attempts to abuse one's official position, to give or receive bribes, to engage in commercial bribery or to commit other illegal financial or property fraud in order to gain profit. Under the anti-corruption law means a combination of all kinds of functions that are implemented by state bodies. It is worth highlighting the prevention of corruption, their elimination and minimization.
Anti-corruption Principles
According to Federal Law No. 273-FZ "On Combating Corruption", all work on combating financial and property crimes must be based on a number of special principles. It is worth highlighting several basic groups of conditions and ideas, without which it would not be possible to carry out their activities efficiently.
The first and most important principle is law. It is necessary to act in strict accordance with the Constitution, 273- "On Combating Corruption", as well as other normative acts. It is not allowed to use methods of struggle that are not in accordance with the law, especially those that could significantly violate the rights and freedoms of third parties.
Next, it is worth highlighting the principle of the inevitability of liability for corruption offenses. It is observed infrequently in Russia, and there are quite a few examples. Nevertheless, the law states that any persons who violate the law must be punished.
Two more principles follow from the two principles presented above: these are the openness and publicity of the functions of state bodies. Any measures: political, informational, economic, propaganda - should be in the public domain and be visible to every Russian citizen.
Anti-corruption Fundamentals
How is the work of government bodies responsible for combating corruption manifestations organized? Article 5 No. 273-FZ "On Combating Corruption" enshrines the main provisions that provide an answer to this question.
The head of state of the Russian Federation should determine the main political directions in the area under consideration. Moreover, he is obliged to establish the competence of the federal executive bodies that he supervises. Naturally, the powers of the President here are not unlimited, and the Russian Constitution sets the appropriate framework.
The Parliament (Federal Assembly) as a legislative body of power should be engaged in the exercise of its powers in the field of the legislative process. Both the upper and lower houses are entrusted with the functions of drafting bills that would help to implement better work in this area. Executive bodies should be engaged in control and supervision activities of their own ministries.
Preventive anti-corruption measures
It is worth a little more detail to talk about how measures are being taken to prevent corruption. Here are the types of professional activities worth highlighting here:
- implementation of anti-corruption expertise;
- the formation in the country of intolerance to corruption;
- the presentation of qualification requirements for persons wishing to work in government positions;
- timely implementation of quality and impartial inspections in state bodies and local authorities on the ground;
- development and implementation of new rules in the authorities that would allow to implement professional activities on a more open and honest basis;
- development of institutions of social control of an anti-corruption nature.
Thus, N 273- "On Combating Corruption" quite clearly establishes all the main anti-corruption preventive measures.
About conflicts of interest
It is no secret that a high - quality anti-corruption policy often raises a real wave of public scandals and other extraordinary phenomena. This can be caused by various reasons: be it the lack of reaction from the state, the insufficiently imperative nature of the measures taken, the inconsistency of the methods implemented by the law, and so on. However, the most common case here is a conflict of interest. In 273- "On Combating Corruption" dated December 25, 2008, a whole article is even devoted to this phenomenon.
Conflict of interest in article 10 refers to a situation in which an official may not carry out his professional activities well due to personal interest in something. In the field of anti-corruption, such a situation is far from uncommon. Often, state anti-corruption fighters themselves become victims of what they are fighting. What then should be done? The option, as a rule, is one: to organize a more transparent and public work.
About liability and changes in the law
According to article 13 of the normative act under review, individuals are liable for corruption in accordance with the civil and criminal laws of the Russian Federation. A person may be punished with administrative, criminal, or disciplinary penalties for violating the law in this area.
273- "On Combating Corruption" with amendments from 2017 looks like a normative act consisting of 14 articles. In April 2017, the law was supplemented by information in Article 1, which provides basic concepts. The wording of the definition of certain terms has slightly changed. The law secured a number of state bodies, including the Central Bank, the FIU and the Medical Fund, which could deal with the prevention of corruption.